Indian Penal Code, 1860, Section 497, 498 -- Adultery - Victim was declared hostile by prosecution - She categorically stated that accused had not enticed her away or she was compelled to have illicit intercourse with any other person - Rather, victim married accused - Even accused admitted that fact that he married victim and out of wedlock two children were also born -..........
Indian Penal Code, 1860, Section 195A, 506, 34 -- Acquittal order - Leave to appeal - Hostile witness - Threatening any person to give false evidence - Petitioner lodged a complaint with police within a month after acquittal of Respondent No.2 by trial Court - Police too found prima facie merit in complaint upon investigation and thus, filed a charge-sheet against..........
Indian Penal Code, 1860, Section 304(Part I), 307 -- Offence u/ss 304(Part I), 307 IPC - Appeal against acquittal - No enmity between accused and victims - Material contradictions were found in statements of eye witnesses - FIR lodged after delay of 13 days and no explanation was given for the same by prosecution - Most of PWs turned hostile - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Eye witnesses to the incident turned hostile - Accused/father-i, law of deceased shouted and assaulted deceased and not allowed wife of deceased to go along with him - Alleged refusal of sending wife along with deceased caused her to commit suicide - Step taken by deceased is nothing but foolish - Alleged..........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of hostile witness cannot be totally rejected if spoken in favour of prosecution or accused but it can be subjected to closest scrutiny and that portion of evidence which is consistent with the case of prosecution or defence may be accepted...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of two eye-witnesses apparently suffers from self-contradictions while one witness has turned hostile, which creates serious doubt regarding presence of said witness at the time of occurrence of incident or immediately thereafter - More so, murder weapon had been recovered on information supplied by appellant after..........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Allegation that accused gave three stone blows on chest of complainant and also gave teeth bite on the right arms of complainant - However, no recovery of stone was proved - Even otherwise, there is nothing on record which suggests that injury can be related with stone, so story of causing injury with stone not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 59 kgs ganja - Independent witnesses with regard to search and seizure turned hostile deposing that their signatures were obtained on blank paper at the police station - Mere fact of FSL report is no confirmation either of the seizure or that what was seized was Ganja, in absence of..........
Indian Penal Code, 1860, Section 376(1), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - False case - Age of both the prosecutrixes was held to be major on the date of occurrence and they gave false evidence and turned hostile - FSL and DNA reports not matched according to allegation made against accused - Acquitted upheld - Trial..........
